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By: Scott Grossman on August 22nd, 2017

What to Do With an Old and Unfinished Probate Administration

Once a probate administration is started, closing it is generally a formal process. In some cases, people open a probate proceeding but never see it through to completion. Probate can be a lengthy process. However, absent from unique circumstances, the proceedings should not last for years. If you find yourself needing to close an old, unfinished probate administration, consider seeking assistance from an attorney.

5 Tips for Closing an Old Probate Administration

What can you expect as you begin the process of attempting to close an older probate administration? The following are five important tips:

  1. If there are no assets subject to probate, the personal representative can file a petition with the probate court to end the proceeding.
  2. The probate court assigns the petition a hearing date and all interested parties are notified of the hearings date.
  3. Once the court approves the petition, an order is issued to terminate the proceeding and the personal representative is discharged.
  4. If there are assets in the estate or if there were assets previously that are now gone, the probate court will want an explanation as to what happened.
  5.  The personal representative could face sanctions if they did not properly safeguard the estate during probate.

While closing old probate may seem like it should be simple, it is important to seek guidance from an experienced attorney in order to avoid any potential liability or other issues. We can help protect your legal rights.